According to witnesses, the alleged shooter got into a physical altercation with the two brothers just before the gun violence.

Action News has learned Valtierra, who is on his second strike, was in a previous relationship with the boys' mother

"From the defense point of view if it was a physical altercation and they're fighting and rolling around on the ground. He's by himself and its more than one against him did he have the right to pull out a gun and shoot to protect himself," said Capozzi.

The shooting took place Monday around 9 pm at the Garden Valley Apartments in the West Fresno County town of San Joaquin.

Angel was pronounced dead at the scene while his brother Steve is expected to recover.

"What happened after that first shot is fired? What I understand is that there was more than one shot in the victims. Did he then go and shoot one of the victims while he was down? That would be murder," said Capozzi.

Valtierra was taken into custody the day after the shooting by Salinas Police during a traffic stop after he was seen riding as a passenger in the vehicle.

The District Attorney's Office is expected to stack more charges to a list that already includes murder and assault with a firearm.